Chartered Institute of Social Work Practitioners (Establishment) Act, 2022

(a) determine the standards of knowledge and skill to be attained by persons seeking to become registered as chartered social work practitioners, and raise the standards as circumstances may permit;

(b) secure, in accordance with the provisions of this Act, the establishment and maintenance of register of corporate members, fellows, associates, honorary fellows, and the publication of the list of registered members;

(c) build professional capacities and provide professional guidance to members for enhanced service delivery in the chosen area of the Institute’s professional practice;

(d) create and advance consciousness in the professional practice of social work, provide a forum for the interaction of practising social work practitioners and collaborate with individuals, groups and corporate bodies with interest in social work practice with the aims of sharing professional and technical skills, experiences, benefits and research findings for advancement of professional social work;

(e) license and provide professional proficiencies and guidance to members in practice and to persons who shall practice as social work practitioners; and

(f) issue code of conduct booklet to serve as catalyst guiding the professional behavior of the members of the Institute.

Membership of the Institute .

(1) Members of the Institute shall be drawn from diverse discipline in areas of social work and related matters including community development, adult education, sociology, psychology and medical social welfare.

(2) Subject to the provisions of this Act, a person admitted as a member of the Institute shall-

(a) possess adequate interest, knowledge and understanding of social work and related matters; and

(b) be registered as a member in any of the categories of – (i) Fellow, (ii) Full Member, (iii) Member, or (iv) Associate Member.

(3) A person registered under this Act as a member of the Institute is entitled to be enrolled as-

(a) a Fellow, if he satisfies the Council that he- (i) holds an approved academic qualification, (ii) has been an Associate Member of the Institute for at least five years, (iii) has attended all mandatory continuous professional programmes, seminars and symposia organised by the Institute, (iv) has paid all the Institute’s annual subscription, dues and levies, and (v) has been in continuous active practice on his own account as a social work practitioner, employee or in partnership with other social workers;

(b) as a Full Member, if he- (i) has passed all the stages of the Institute examination and inducted, and (ii) is a fit and proper person to be enrolled as Full Member; and

(c) as an Associate Member if he- (i) is enrolled as a student of the Institute, (ii) has satisfied the Council that he is a fit and proper person to be enrolled as Associate Member.

(4) The Institute may register a member as an Honorary Fellow or Corporate Member.

(5) An Honorary Fellow shall be a person who has- (i) been in continuous employment of a reputable organisation as a social worker for at least 15 years preceding the date of his application or nomination to the Institute for registration as an honorary fellow, or (ii) contributed to human capacity development in Nigeria and is an employer of labour with knowledge of social work.

(6) Corporate membership shall consist of Ministries, Departments, Agencies or companies which-

(a) are in a functional working relationship with the Institute,

(b) at the date of application, employ at least 25 persons,

(c) has been licensed to carry out a business with high corporate social content in Nigeria in the case of a company, and

(d) satisfied any other condition which the Council may approve : Provided that corporate membership shall be conferred at the discretion of the Council and that admission shall not confer automatic professional membership of the Institute on any member of the company or organisation.

(7) A corporate member shall ensure that its employees are registered with the Institute to promote ethical standards and self-regulation in social work practice.

(8) A person shall, when enrolled or registered, as the case may be, receive a certificate in such form as the Council may approve for the purpose.

(9) Every member is required to attend a number of mandatory training programs as may be specified by the Council which shall serve as a prerequisite for upgrading and recertification.

Membership privileges.

(1) Persons registered as Fellows and Associates of the Institute are entitled to use after their names, the following Acronyms-

(a) “Fellow, Institute of Social Work Practitioners” (FSOW);

(b) “Member, Institute of Social Work Practitioners” (MSOW);

(2) A person registered as a Fellow or Associate of the Institute shall-

(a) have the right to affix a member seal and stamp on every document endorsed by or emanating from them; and

(b) be awarded a certificate of qualification, practising certificate, plaque and other membership details in such form as the Council may approve.

Duties of members and code of conduct.

Every registered member of the Institute –

(a) shall abide by the rules, regulations, code of conduct and any other policy established by the Institute for the purpose of sound practice;

(b) is bound to further, to the best of his ability and judgment, the objects, purposes and interest of the Institute;

(d) shall order his conduct as to uphold the dignity and reputation of the Institute; and

(e) shall observe the provisions of this Act and other regulations as may be made by the Council.

Governing Council of the Institute.

(1) There shall be for the Institute a Governing Council (in this Act referred to as “the Council”) charged with the administration and general management of the Institute.

(2) The Council shall consist of –

(a) the President of the Institute who shall be the Chairman;

(b) the Vice-President of the Institute who shall be the Vice-Chairman;

(d) one duly enrolled social worker to represent institutions involved in training of social workers on rotation;

(e) one duly enrolled Social Worker from non-governmental organisation working on human services to represent public interest;

(f) six State Zonal Coordinators to represent the six geopolitical zones; and

(g) the Registrar of the Institute who shall be the Secretary to the Council.

(3) The supplementary provisions set out in the Schedule to this Act shall have effect with respect to the proceedings of the Council and other matters contained in the Schedule. [Schedule]

(4) Subject to this section, the Council shall make standing orders for the regulation of its proceedings and meetings.

(5) Decisions and acts of the Council are deemed to be decisions and acts of the Institute.

Functions of the Council.

The Council shall-

(a) determine the standards of knowledge and skill of candidates aspiring to be members of the Institute;

(b) ensure that those admitted into the Institute as members upgrade their knowledge through regular attendance of seminars, workshops and Mandatory Continuous Professional Education Programs (MCPEP) designed to raise their skills as social work practitioners and experts;

(c) regulate and control the social work profession through adequate screening of prospective desirous candidates who apply (enroll) for memberships; and

(d) do such other things that in its opinion are necessary to ensure the effective performance of the functions of the Institute under this Act.

The President and Vice-President of the Institute.

(1) There shall be a President and Vice-President of the Institute who shall be elected at the Annual General Meeting of the Institute.

(2) The President shall be the Chairman at all meetings of the Institute, but in the event of death, incapacity or inability, for any reason, of the President, the Vice-President shall act as President for the un-expired portion of the term of office as Chairman, as the case may be, and references in this Act to the President shall be construed accordingly.

(3) The President and Vice-President respectively shall be Chairman and Vice-Chairman of the Council of the Institute under this Act.

(4) Where the President or Vice-President ceases to be a member of the Institute, the person shall cease to hold any of the offices designated under this section.

Tenure and cessation of office.

(1) The President and members of the Council, other than the ex-officio members-

(a) shall hold office for two years in the first instance from the date of investiture; and

(b) may be elected or reappointed for another two years and no more.

(2) The office of the President or any member of the Council becomes vacant where the person-

(a) resigns his office by notice in writing under his hand addressed to the Registrar of the Institute;

(b) becomes of unsound mind or is incapable of discharging his duties due to infirmity of mind or body;

(d) is found guilty of gross misconduct relating to his duties or is convicted of a felony or any offence involving dishonesty, corruption or embezzlement; or

(e) in the case of an ex-officio member, ceases to hold the office on the basis of which he became a member of the Council.

Remuneration of members of the Council.

10.

Members of the Council are entitled to allowances, travel expenses and such other benefits as may be determined by the Council.

Appointment and duties of the Registrar.

11.

(1) The Council shall appoint the Registrar who shall be the Chief Executive Officer (CEO) of the Institute for the purpose of this Act.

(2) The Registrar shall-

(a) be charged with the general responsibility for matters affecting the management and operations of the Institute;

(b) convene, on the instructions of the President of the Institute, any committee of the Institute or Council, and keep minutes of the proceedings at all meetings;

(c) be responsible to the Council for – (i) taking the minutes of meetings of the Council, (ii) keeping records and conducting the correspondence of the Council, and (iii) issuing notices for the meetings of the Council; and

(d) be responsible for any other duty or function as may be necessary for the effective and efficient running of the Institute.

Qualifications and functions of the Registrar.

12.

(1) The Registrar shall possess such professional qualifications and cognate experience as the Council may prescribe.

(2) In addition to other duties under this Act, the Registrar shall prepare and maintain, in accordance with the rules and regulations made by the Council, a register of the names, addresses, approved qualifications and such other qualifications and particulars as may be specified in the rules, of all persons who are enrolled, in accordance with the provisions of this Act as Fellows, Full Members, Members, Associate Members, Honorary Fellows or Corporate Members.

(3) The Registrar shall-

(a) correct, in accordance with the Council’s directions, any entry in the register which the Council directs him to correct as being in the Council’s opinion, an entry which was incorrectly made;

(b) make any necessary alteration in the registered particulars of registered members;

(d) record the names of members of the Institute who are in default for more than six months in the payment of annual subscriptions, and to take such action in relation to it including removal of the names of defaulters from the register, as the Council may require.

(4) If the Registrar –

(a) sends by post to any enrolled or registered person a registered letter addressed to him at his enrolled address on the register, enquiring whether the enrolled registered particulars relating to him are correct and receives no reply to the letter within the six months from the date of posting it, and

(b) upon the expiration of that period, sends in the like manner to the person in question a second similar letter and receives no reply to that letter within three months from the date of posting it, the Registrar may remove the particulars relating to the person in question from the Register and the Council may direct the Registrar to restore to the appropriate part of the register any particulars removed from the register under this subsection.

(5) The Registrar shall-

(a) cause the register to be printed, published and put on sale to members of the public, not later than two years from the commencement of this Act and thereafter, cause to be printed, published and put on sale, either a corrected edition of the register or list of corrections made to the register, since it was last printed;

(b) cause a print of each edition of the register and of each list of the corrections to be deposited at the principal offices of the Institute;

(d) appoint such other category of staff as it may deem expedient and necessary to assist the Institute in the performance of its functions under this Act;

(e) pay its employees such remuneration, allowances and other benefits as may be approved by the Council; and

(f) make rules relating generally to the conditions of service of employees of the Institute, and the rules may provide for the appointment, promotion and disciplinary control of all employees of the Institute as approved by the Council.

Other staff.

13.

(1) The Council may, on the recommendation of the Registrar, appoint such other staff as it may consider necessary to assist the Registrar in the discharge of his duties.

(2) The employment of the Registrar and other staff shall be pensionable, in accordance with the terms and conditions of the Civil Service of the Federation.

Indemnity of members.

14.

Every member, agent, auditor or employee for the time being of the Council shall be indemnified out of the assets of the Institute against any liability incurred by him in defending any proceeding, whether civil or criminal, in which judgment is given in his favour or in which he is acquitted, if the proceeding is brought against him in his capacity as a member, agent, auditor or employee.

Establishment of the Fund of the Institute.

15.

(1) The Council shall establish and maintain a fund (in this Act referred to as “the Fund”) for the purpose of this Act.

(2) There shall be paid into the Fund-

(a) all fees and other money payable to the Council under this Act; and

(b) such money as may be payable to the Council, whether in the course of the performance of its functions or otherwise.

(3) There shall be paid out of the Fund-

(a) the remuneration and allowances of the Registrar and other employees of the Council; and

(b) such reasonable travelling and subsistence allowance of members of the Council in respect of the time spent on the business of the Council as the Council may determine.

(4) The Council may invest money in the Fund in any security created or issued by or on behalf of the Federal Government or in any other securities in Nigeria approved by the Council.

(5) The Council may borrow money for the purposes of the Institute and the interest payable on money so borrowed shall be paid out of the Fund.

(6) The Council may create as Social Work Practitioners Benevolent and Educational Fund which shall-

(a) be managed by the Board of Trustees and a management committee both to consist of members appointed by the Council; and

(b) provide assistance to indigent, distressed, ill or incapacitated members of the Institute.

(7) The Council may create other Funds as it deems fit.

Accounts and audit.

16.

The Council shall, keep proper accounts on behalf of the Institute in respect of each year and proper records in relation to those accounts and the Council shall cause the accounts to be audited by an auditor and, when audited, the accounts shall be submitted to the members of the Institute for approval by them at the meeting of the Institute.

Power to accept gifts.

17.

(1) The Institute may accept gifts of land, money or other property upon such terms and conditions, if any, as may be specified by the person or organisation making the gift.

(2) The Council shall not accept any gift if the conditions attached by the person or organisation making the gift are inconsistent with the functions of the Council or any other law in Nigeria.

Annual estimates and expenditure.

18.

(1) The Institute shall, not later than 1 October in each financial year or soon thereafter, submit to the Council for approval its estimate of revenue and expenditure in respect of the following financial year.

(2) The Institute shall prepare and submit to the Council, not later than 31st July in each financial year, a report on its activities during the preceding financial year, and the report shall be accompanied by a copy of the audited accounts of the Institute for that period and of the auditor’s report on the accounts.

Publication of register of membership.

19.

(1) The Registrar shall cause-

(a) the contents of the register of members to be published and put on sale and the publication shall be updated annually; and

(b) reasonable copies of the publication to be deposited at the principal office of the Institute for the purpose of inspection by members of the public.

(2) Any edition of the register published under this section by the authority of the Registrar or documents purporting to be prints of an edition so published and of the list of corrections to that edition so published, is, without prejudice to any other mode of proof, admissible in any proceeding as evidence that any person specified in the publication or document as being registered was so registered at the date of the edition or of the list of corrections, as the case may be, and that any person not so specified was not so registered.

Registration as a social worker.

20.

(1) A person is entitled to be registered as a social worker if he-

(a) passes the qualifying examination accepted by the Council and completed the practical training prescribed by the Institute under this Act;

(b) holds any other qualification acceptable by the Institute for the time being; or

(2) An applicant for registration, in addition to satisfying stipulated conditions set and approved by the Council shall-

(a) be of good character;

(b) be within the age prescribed under this Act; and

(3) The Institute shall publish particulars of qualifications for the time being accepted by the Council for registration as a member.

(4) The Council may, for the purposes of this Act approve any-

(a) course of training at an approved institution or location intended for persons who are seeking to become or are already members and experts and which the Council considers is designed to confer on any person completing it sufficient knowledge and skills for admission into the Institute;

(b) qualification, which, as a result of an examination taken in conjunction with a course of training approved by the Council under this section, indicates that the candidate has sufficient knowledge and skills for certification to practise as a social worker.

Instruction and examinations leading to approved qualification.

21.

(1) The Council shall ensure that its members are kept abreast with nature of the instructions and examinations given at approved institution or location to any person attending approved course of training and may appoint, either from among its own members or otherwise, persons to visit approved institutions or to participate in the invigilation of such examinations.

(2) A person appointed under this section shall report to the Council on the sufficiency of the-

(a) instruction given to persons attending approved courses of training at institutions visited by him; and

(b) examination invigilated by him.

(3) The Council may, if it deems fit, withdraw any approval given under section 21 of this Act in respect of any course, qualification or institutions, but before withdrawing such an approval the Council shall-

(a) give a two weeks’ notice that it proposes to do so to any person in Nigeria appearing to the Council to be the person by whom the course is conducted, qualification is granted or the institution is controlled, as the case may be; and

(b) afford each such person an opportunity of making to the Council representations with regard to the proposal under paragraph (a).

Establishment of the Investigating Panel.

22.

(1) There is established the Chartered Institute of Social Work Practitioners Investigating Panel (in this Act referred to as “the Panel”).

(2) The Panel is responsible for –

(a) conducting a preliminary investigation into any case to the registry where it is alleged that a member has misbehaved in his capacity as a professional social worker, or should for any other reason be the subject of proceedings before the Tribunal; and

(b) ascertaining the extent of incrimination of the member in the case in reference and make recommendations to the Tribunal.

(3) The member under subsection (2) shall be given registry query on the matter at stake before his case is referred to the Panel.

(4) The Panel shall be constituted by the Council and shall consist of –

(a) a reputed Fellow Member of a high level of integrity and objectivity as Chairman;

(b) any member of the Institute, not below five years of post-induction experience; and

(d) three registered members of the Institute who are not members of the Council.

Establishment of Disciplinary Tribunal.

23.

(1) There is established the Chartered Institute of Social Work practitioners Disciplinary Tribunal (in this Act referred to as “the Tribunal”).

(2) The Tribunal is charged with considering and ratifying cases, among other things, referred to it by the Panel, and any other case of which the Tribunal has cognisance under the provisions of this Act.

(3) The Tribunal shall consist of –

(a) a Council member as Chairman;

(b) a Fellow of the Institute;

(d) the Legal Adviser of the Institute; and

(e) the Registrar of the Institute as Secretary.

(4) The Council may make rules, not inconsistent with the provisions of this Act which constitute professional misconduct for social work practitioners.

Penalties for unprofessional conduct.

24.

(1) Where-

(a) a member is adjudged by the Tribunal to be guilty of infamous conduct in any professional respect,

(b) a member is convicted in any court of law having power to award imprisonment for an offence, whether or not punishable with imprisonment which, in the opinion of the Tribunal, is incompatible with the status of a member of the Institute, or

(c) the Tribunal is satisfied that the name of any person has been fraudulently enrolled or registered, the Tribunal may, if it deems fit, give a direction, reprimanding that person or ordering the Registrar to strike his name off the relevant part of the register.

(2) The Tribunal may, if it deems fit, defer its decision as to the giving of a direction under subsection (1) until a subsequent meeting of the Tribunal, provided that no-

(a) decision shall be deferred under this subsection for any period exceeding two years in the aggregate; and

(b) person shall be a member of the Tribunal for the purposes of reaching a decision which has been deferred, or further deferred, unless he was present as a member of the Tribunal when the decision was deferred.

(3) When the Tribunal gives a direction under subsection (1), the Tribunal shall cause notice of the direction to be served on the person to whom it relates.

(4) The person to whom a direction given under subsection (1) relates may, at any time within 30 days from the date of service on him of notice of the direction, appeal against the direction to the Federal High Court, and the Tribunal may appear as respondent to the appeal and for the purpose of enabling directions to be given as to the costs of the appeal and proceedings before the Federal High Court, the Tribunal, is deemed to be a party whether or not it appears on the hearing of the appeal.

(5) A direction of the Tribunal under section (1) takes effect where –

(a) no appeal under this section is brought against the direction within the time limited for such an appeal, on the expiration of that time;

(b) an appeal is brought and is withdrawn or struck out for want of prosecution, on the withdrawal or striking out of the appeal; and

(c) an appeal is brought and is not withdrawn or struck out, if and when the appeal is dismissed, and shall not take effect except in accordance with the provisions of this subsection.

(6) A person whose name is struck off under a direction of the Tribunal under this section, is not entitled to be enrolled or registered again, except in pursuance of a direction in that behalf given by the Tribunal on the application of that person and a direction under this section for the striking off of a person’s name from the register may prohibit an application under this subsection by that person until the expiration of such period from the date of the direction, and where he has duly made such an application, from the date of his last application, as may be specified in the direction.

False registration.

25.

A person, who for the purposes of procuring the registration of any name, qualification or other matter –

(a) makes a statement which he believes to be false, or

(b) recklessly makes a statement, which is false, commits an offence.

Practicing as a social worker.

26.

As from the commencement of this Act, a person, not being a member of the Institute or certified by the Institute as a social worker or any other recognised institution, who practices as a social worker for or in expectation of reward, or takes or uses any name, title, addition or description, implying that he is in practice as a registered member of the profession of social work, commits an offence.

Falsification of register.

27.

Any person, including the Registrar or any other employee of the Institute, who willfully makes any falsification in any matter relating to the register or, with intent to defraud, alters any entry in the register, commits an offence.

Penalties.

28.

(1) A person who commits an offence under this Act is liable-

(a) on summary conviction, to a fine not more than N250,000;

(b) on conviction or indictment to a fine not more than N250,000 or imprisonment for at least two years or both.

(2) Where an offence under this Act is committed by a body corporate, the chief executive officer, director, manager or secretary is liable to pay a fine of N200,000 each unless, having regard to the nature of his functions in that capacity and to all the surrounding circumstances, he proves that-

(a) the offence was committed without his knowledge, consent or connivance; and

(b) he had taken all reasonable precautions and exercised due diligence to prevent the commission of the offence.

Rules, Regulations and guidelines .

29.

(1) The Institute may, subject to the approval of the Council, make rules and regulations or issue guidelines with respect to-

(a) the enforcement of any of the provisions of this Act;

(b) regulating membership registration and keeping of register;

(c) specifying the fees, including any annual subscription to be paid to the Institute in respect of the entry of names on the register and authorising the Registrar to refuse to enter a name on the register until any fee specified for the entry has been paid; and

(d) regulating the making of applications for enrolment or registration, as the case may be, and providing for the evidence to be produced in support of the applications.

(2) The Council may, in consultation with the principal officers of the Institute and a committee of Fellows, make rules for –

(a) the training of suitable persons in management;

(b) the licensing of people to be employed in management positions;

(d) restrictions on the right to practise when all prescribed conditions have not been met.

(3) The Council may also make rules prescribing the amount and due date for payment of the annual subscriptions and for such purposes, different amounts may be prescribed by the rules according to the grades of membership.

(4) Rules when made shall, if the Chairman of the Council so directs, be published in the print media and in the Federal Government Gazette.

Award of honorary membership of the Institute.

30.

The Council is free to award honorary membership of the Institute to person whom it considers worthy of such honour, on terms and conditions prescribed by the Council and approved by the Institute in the general meeting.

Provision of library facilities.

31.

The Institute shall-

(a) provide and maintain a library, physical and online, comprising books and publications for the advancement of knowledge in social work, and such other books and publications as the Council may deem necessary;

(b) encourage research into social work theories and methods and allied subjects to the extent that the Council may consider necessary;

(c) undertake regular study of the existing social work, its information services, including the library system, internet and electronic mail services and related operations and evolve a state of the art technology driven research, publication and social work; and

(d) engage in the production and sale of materials, books and journals arising from its research and consultancy activities.

Limitation of suits against the Council.

32.

(1) Notwithstanding anything to the contrary contained in any other enactment, no suit against the Institute, a member or any employee of the Institute, for any act done in pursuance or execution of any enactment or law, or any public duty or authority, or in respect of an alleged negligence or default in the execution of such enactment or law, duty or authority, shall lie or be instituted in any court unless it is commenced within 12 months next after this act or, neglect complained of or in the case of a continuing damage or injury, within 12 months next after the cessation of the act.

(2) No suit shall be commenced against the Institute before the expiration of one month notice of intention to commence the suit is served upon the Institute by the intending plaintiff or his authorised agent, and the notice shall clearly state the-

(a) cause of action;

(b) particulars of the claim;

(d) relief which he claims.

(3) The notice referred to in subsections (1) and (2) and any summons or other document required or authorised to be served upon the Institute under, the provisions of this Act or any other enactment or law may be served by delivering the same to the President, Chairman of the Council or the Registrar of the Institute and by sending it by registered post to the principal office of the Institute.

Transition and savings provisions.

33.

(1) All assets, funds, resources, movable or immovable property which immediately before the commencement of this Act was held on behalf of the Institute by the Institute of Social Work Practitioners shall, by virtue of this Act, be vested in the Institute.

(2) Any person immediately before the commencement of this Act being a holder of an office in the Institute of Social Work Practitioners is, on the commencement of this Act, deemed to have been appointed to his office by the Institute.

Interpretation.

34.

“Council” means the Council established as the governing body of the Institute under section 6 of this Act; “enrolled” in relation to a fellow, a member, an associate member means registered in the part of the register to fellow, member, associate member as the case may be; “fees” includes annual subscriptions and other levies; “Institute” means the Chartered Institute of Social Work Practitioners established under section 1 of this Act; “Member” means enrolled Fellow, Full Member, Member, Associate Member, Honorary Fellow or a Corporate Member, as the case may be, and “membership of the Institute” shall be construed accordingly; “Minister” means the Minister responsible for education; “Panel” means the Institute of Social Work Practitioners Investigating Panel established under section 22 (1) of this Act; “President” and “Vice-President” means respectively the office holder under those names in the Institute; “register” means the register prepared and maintained under Part IV of this Act; “Registrar” means the Registrar of the Institute appointed under section 11 of this Act; “social work” means an applied or behavioral profession that simply promotes human rights, social justice, peace and conflict resolutions, engendering social change, problem solving and sustainable development in human relationships focusing on empowerment and liberation of people and enhancing the well-being of individuals, family, groups and communities, and utilising theories of human behavior and social systems; “social worker” means a person who is deemed to be a professional social worker, if registered and trained specifically in social work disciplines to- (a) build partnerships among other professionals working within the field of psychosocial intervention, caregivers and families; (b) collaborate with the community, usually with the goal of creating supportive environments for clients or service users; (c) advocate for adequate service, treatment models and resources; (d) change social policy to address issues of poverty, employment, housing and social justice; and (e) supporting the development of preventive programs for the less privilege; and “Tribunal” means the Institute of Social Work Practitioners Disciplinary Tribunal established under section 23 of this Act.

35.

This Act may be cited as the Chartered Institute of Social Work Practitioners (Establishment) Act, 2022.

Citation.

Sections 6 (3)

SUPPLEMENTARY PROVISIONS RELATING TO THE COUNCIL

Qualification and Tenure of Office of Members

1. A person under section 6 of this Act shall not be a member of the Council unless he is a citizen of Nigeria.

2. A member of the Council, other than a public office holder, may resign his appointment by a letter under his hand addressed to the President of the Institute or in the case of the President addressed to the Registrar, and the resignation takes effect from the date of the receipt.

3. Where a member of the Council ceases to hold office before the date when his term of office would have expired by effluxion of time, the body or person by whom he was appointed or elected shall immediately appoint or, as the case may be, elect another person to fill the vacancy for the residue of the term and the provision of this paragraph shall not apply where a person holding office as a member of the Council ceases to hold office at the time when the residue of his term does not exceed six months.

4. The provisions of this Schedule shall be without prejudice to the provisions of section 11 of the Interpretation Act, Cap. I23, Laws of the Federation of Nigeria, 2004, which relates to appointment.

5. Any accredited member of a profession who ceases to be such accredited member shall, if the person is also a member of the Council, cease to hold his position on the Council.

6. A person who is a member by virtue of his office shall cease to be a member if he ceases to occupy the particular office.

Proceedings of the Council

7. Subject to the provisions of this Act and section 27 of the Interpretation Act (providing for decisions of a body to be taken by a majority of the members of the body and for the Chairman to have a second or casting vote), the Council may make standing orders regulating the proceedings of the Council or any of its committees.

8. The Council shall meet at least two times in a year and at such other times as the Chairman may determine and in any case, shall not meet more than four times in a year.

9. Every meeting of the Council shall be presided over by the Chairman, and if the Chairman is unable to attend, a member may be appointed by the members present to act as Chairman for that particular meeting.

10. The quorum for the meeting of the Council shall be any number above one-third of the total number of members of the Council and in the case of any of its committees shall be at least half of the members of such committee.

11. Where standing orders made under paragraph 1 provide for the Council to co-opt persons who are not members of the Council, such persons may advise the Council on any matter referred to them by the Council but are not entitled to vote at a meeting of the Council or count towards a quorum.

12. Subject to its standing orders, the Council may appoint such number of standing and ad-hoc committees as it deems fit to consider and report on any matter with which the Council is concerned.

13. Every committee set up under paragraph 12 shall be –

(a) presided over by a member of the Council; and

(b) made up of such number of persons, not necessarily members of the Council, as the Council may determine in each case.

14. A decision of a committee is of no effect until it is confirmed by the Council.

Miscellaneous

15. The affixing of the seal of the Council shall be authenticated by the signature of the Chairman and Secretary to the Council.

16. Any contract or instrument which, if made or executed by any person not being a body corporate would not be required to be under seal, may be made or executed on behalf of the Council by any person, generally or specially authorised to act for that purpose by the Council.

17. Any document purporting to be a contract, instrument or other document duly signed or sealed on behalf of the Council shall be received in evidence and shall, unless the contrary is proved, be presumed to have been so signed and sealed.

18. The validity of any proceeding of the Council or any of its committees is not affected by –

(a) any vacancy in the membership of the Council or any of its committees;

(b) any defect in the appointment of any member; or

19. Any member of the Council and any person holding a position on a committee of the Council who has a personal interest in any contract or arrangement entered into or proposed to be considered by the Council or its committee shall not be present at any deliberation relating to the contract arrangement.